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Menard v. CSX Transportation Inc.

United States Court of Appeals for the First Circuit
698 F.3d 40 (2012)


Mark Menard (plaintiff) was walking through a freight yard owned by CSX Transportation Inc. (defendant) when his foot became stuck on a rail switch, badly injuring him. Menard freed himself but then staggered approximately 30 feet, where he was hit by a train. Menard brought suit against CSX. Menard did not dispute that he was trespassing, but stated that, upon information and belief, CSX employees knew that Menard had been injured on the rail switch and thus had a duty of reasonable care to protect him. Under Massachusetts law, a property owner has a duty to protect a trespasser the property owner knows to be in peril. The district court dismissed Menard’s complaint for failure to state a claim on the ground that Menard was a trespasser and was not owed a duty. The district court denied Menard’s motion to file an amended complaint. Menard appealed.

Rule of Law


Holding and Reasoning (Boudin, J.)

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